HARRINGTON v. PULTE HOME CORP.

No. 1 CA-CV 04-0576.

119 P.3d 1044 (2005)

Peter HARRINGTON, a single man, on behalf of himself and all others similarly situated; Donald Hovan and Ingrid Hovan, husband and wife, on behalf of themselves and all others similarly situated; Linda D. Smith and Philip K. Smith, wife and husband, on behalf of themselves and all others similarly situated; James J. Gallipo, a single man, on behalf of himself and all others similarly situated; Kristin Challacombe and Jared Challacombe, wife and husband, on behalf of themselves and all others similarly situated; Dennis M. Moore and Patricia J. Moore, husband and wife, on behalf of themselves and all others similarly situated; Andrew Homer and Doris Homer, husband and wife, on behalf of themselves and all others similarly situated; Edward Watkins and Diane Watkins, husband and wife, on behalf of themselves and all others similarly situated; William Hendertilo and Angelica Hendertilo, husband and wife, on behalf of themselves and all others similarly situated, Plaintiffs/Appellees, v. PULTE HOME CORPORATION, a Michigan corporation; Del Webb Communities, Incorporated, an Arizona corporation; Steve Canning and Jane Doe Canning, husband and wife; James McGrath and Jane Doe McGrath, husband and wife; Chris Lewis and Jane Doe Lewis, husband and wife; Pamela Davis and John Doe Davis, wife and husband. Defendants/Appellants.

Court of Appeals of Arizona, Division One, Department A.

September 27, 2005.


Attorney(s) appearing for the Case

The Shanker Law Firm, P.L.C. By Howard M. Shanker, Tempe, Siegel, Bellovin & Karnas, PC By M. David Karnas, Tucson, Attorneys for Plaintiffs-Appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A. By Stephen E. Richman, David J. Ouimette, Phoenix, Attorneys for Defendants-Appellants.


OPINION

BARKER, Judge.

¶ 1 This case requires us to determine when an arbitration clause in a contract of adhesion may be enforced. The trial court refused to enforce the clause here. Because we find that the arbitration clause in this case was neither contrary to appellees' reasonable expectations nor substantively unconscionable, we reverse.

Facts and Procedural Background

¶ 2 Appellees, and the class of claimants they...

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